인터넷주소자원에 관한 법률 제12조에 규정된 부정한 목적의 해석：대법원 2013. 4. 26. 선고 2011다64836 판결을 중심으로

Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet “cybersquatting”, a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, ① the trademark or other intellectual property rights of the person, if any, in the domain name, ② the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, ③ the person’s prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, ④ the person’s bona fide noncommercial or fair use of the mark in a site accessible under the domain name, ⑤ the person’s intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, ⑥ the person’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person’s prior conduct indicating a pattern of such conduct.